“[B]ut in actions where the damages are precarious, being to be assessed ad libitum by a jury, as in actions for words, ejectment, or trespass, it is very seldom possible for a plaintiff to swear to the amount of his cause of action; and therefore no special bail is taken thereon ….” 3 William Blackstone, Commentaries on the Laws of England 292 (1768).
ad libitum
ad libitum (ad lib-i-t[schwa]m), adv. [Law Latin] At pleasure. • The modern term ad-lib (adj. & vb.), borrowed from drama and music, is essentially the same; it means “at the performer’s pleasure,” and allows the performer discretion in innovating a part impromptu.
